Fourth Count.-And the Jurors aforesaid, upon their oaths aforesaid, further present that the said John Brown, Aaron C. Stephens, alias Aaron D. Stephens, and Edwin Coppic, and Shields Green, each severally on the seventeenth day of October, in the year of our Lord eighteen hundred and fifty-nine, in the County of Jefferson and Commonwealth of Virginia aforesaid, and within the jurisdiction of this Court, in and~upon the bodies of certain Thomas Boerly, George W. Turner, and Fontaine Beckham, in the peace of the Commonwealth, then and there being feloniously, wilfully, and of their malice aforethought, did make an assault, and with guns called Sharpe's rifles, then and there charged with gunpowder and leaden bullets, did then and there feloniously, wilfully, and of their, and each of their malice aforethought, shoot and discharge the same against the bodies of the said Thomas Boerly, George W. Turner, and Fontaine Beckham, and that the said John Brown, Aaron C. Stephens, alias Aaron D. Stephens, Edward Coppic, and Shields Green, with leaden bullets aforesaid, shot out of the Sharpe's rifles aforesaid, then and there, feloniously, wilfully, and of their malice aforethought, did strike, penetrate, and wound the said Thomas Boerly, George W. Turner, and Fontaine Beckham, each severally, viz.: The said Thomas Boerly in and upon the left side; the said George W. Turner in and upon the left shoulder and breast, and the said Fontaine Beckham in and upon the right breast, giving to the said Thomas Boerly, George W. Turner, and Fontaine Beckham, then and there, with leaden bullets aforesaid, shot by them severally out of Sharpe's rifles aforesaid, each one mortal wound, of which said mortal wounds they the said Thomas Boerly, George W. Turner, and Fontaine Beckham then and there died: and that the said John Copland, then and there, feloniously, wilfully, and of his malice aforethought, was present, aiding, helping, abetting, comforting and assisting the said John Brown, Aaron C. Stephens, alias Aaron D. Stephens, Edwin Coppic, and Shields Green in the felony and murder aforesaid, in manner aforesaid to commit. And so the Jurors aforesaid, upon their oaths, do say that the said John Brown, Aaron C. Stephens, alias Aaron D. Stephens, Edwin Coppic, Shields Green, and John Copland, then and there them, the said Thomas Boerly, George W. Turner, and Fontaine Beckham, in the manner aforesaid, and by the means aforesaid, feloniously, wilfully, and of their and each of their malice aforethought, did kill and murder, against the peace and dignity of the Commonwealth of Virginia.
Lewis W. Washington, John H. Allstadt, John E. P. Dangerfield, Alexander Kelly, Emanuel Spangler, Armstead M. Ball, Joseph A. Brua, William Johnson, Lewis P. Starry, Archibald H. Kitzmiller, were sworn in open Court this 26th day of October, 1859, to give evidence to the Grand Jury upon this bill of indictment.
A true copy of said indictment. Teste: Robert T. Brown, Clerk of the Circuit Court of Jefferson County, in the State of Virginia.
Which bill of indictment the Grand Jury returned this 26th day of October. A true bill. Thomas Rutherford, Foreman. October 26, 1859.
Before the indictment was read, as Mr. Faulkner had gone home, the Court requested a Mr. Green, a Virginian, to act as assistant counsel for the defendants. It was understood that all the prisoners were willing that this arrangement should be made.
Appeal for a decent delay.
John Brown then rose and said:
I do not intend to detain the court, but barely wish to say, as I have been promised a fair trial, that I am not now in circumstances that
